EL v TG [2020] NZFC 1248

Published 19 June 2020

Interlocutory application — discovery and production — review of decisions — enduring power of attorney — mental incapacity — Protection of Personal and Property Rights 1988, ss 103 & 106 — Family Court Rules, r 141— medical records — bank statements — legal advice — MAH v DJP CIV 2009-485-340 Dobson J — Compagnie Financiere Du Pacifique v Peruvian Guano Company (1882) 11 QBD 55,63. The applicant sought orders for discovery and production to aid him in his application to review decisions made by the respondent while she was the attorney under an enduring power of attorney (EPOA) for their mother. He sought bank statements as proof that payments were made to a rest home and landlord, legal advice, and medical records to establish when exactly she lost mental capacity. The respondent opposed the application for discovery, stating she did not have the authority to provide the information and that the information sought was outside the scope of her EPOA. The Judge rejected these arguments, as the respondent, now an executor of their late mother's estate, could provide the information sought. The financial and legal information was directly relevant to the respondent's decisions under EPOA, while the medical information was relevant to wider issues. The application was granted for the information specified by the applicant. Judgment Date: 21 February 2020. * * * Note: names have been changed to comply with legal requirements. * * *